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Re: Withholding Security Deposit for early Termination - Landlord Forum thread 355956

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Re: Withholding Security Deposit for early Termination by mdk0420 on February 1, 2018 @12:53

PA law allows keeping a security deposit for damages, which include non payment of rent. It extends farther then physical damage. It is any damages occurred that is in result of the tenants breach of contract. In this case, a breach of contract would mean an unacceptable early termination that results in the unit being vacant. I know that if she does not pay rent or some other reason that I would need to evict her, that security deposit would be rightfully be withheld. However she is simply moving out early which is still technically a breach of contract, accelerating the entire lease due (similar to a clause in a mortgage where the mortgage accelerates due on sale or sometimes in breach of their contract).

What I'm really curious about is what is a reasonable time to consider as damages in PA. 1 month? 2 months? Surely you can't hold to much time against the tenant themselves for leaving early? PA has no specific laws on this time frame, and what I read up were for other states that say that you can hold 2 months against the tenant for leaving early. Other states do not dictate PA law though.

The Acceptance and surrendering thing is a little confusing too. I know that the lease can be terminated without a breach if the two parties agree. Does that acceptance and surrendering mean just that? That if I accepted it, then I cannot prepare her home to being rented as it would still be hers?
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